President of Council Randy Danbury called Council to order on July 21, 1999, at 7:00 p.m.
The governmental body and those in attendance recited the pledge of allegiance. Mrs. McNear gave the invocation.
Mrs. McNear took roll call. Present were Council members Galster, Manis, McNear, Pollitt, Wilson and Danbury.
The minutes July 7, 1999 were approved with 6 affirmative votes with the following changes:
Ordinance No. 37-199 should say Ordinance 37, not 36, passed with 7 affirmative votes .
Resolution R19-1999 passed with 7 affirmative votes. (The line was omitted in the minutes.)
COMMITTEE AND OFFICIAL REPORTS
RULES AND LAWS - no report
PUBLIC RELATIONS Ė Mrs. McNear said she received a notification for a neighborhood identification program. When you read it, it appears that the City has endorsed it. I talked to Derrick who wasnít aware of it either. Mr. Osborn did send us a letter saying the City did not endorse this.
PUBLIC HEALTH, SAFETY AND WELFARE - no report
PUBLIC WORKS Ė Mr. Galster reported that work has begun on the street repair and crack seal programs and both should be completed by October.
PUBLIC UTILITIES - no report
CAPITAL IMPROVEMENTS Ė Ms. Manis stated construction should start this week on the Kemper Road Storm Sewer Phase II and the work should be completed by October.
FINANCE COMMITTEE - no report
PLANNING COMMISSION Ė Mr. Galster said Longhorn Steakhouse made a request to put up a pylon sign. We compromised with a 10í monument sign. That was approved 7-0. A proposed garage for Enterprise-Rent-A-Car was removed from the agenda as no one was in attendance for the applicant. Gold Star Chili at 11551 Springfield Pike, requested approval of a proposed building elevation. We had a discussion on colors and that was approved 6-0 with 1 abstention. The next item was the rezoning of the Temple of Praise property, 1190 East Kemper Road by Kemper Dodge. The motion to deny passed 7-0. Target Store, 900 East Kemper Road, requested a variance to allow the placement of two storage containers behind the building on the loading docks for the grand opening and Christmas season. It was approved for up to 21 days for their grand opening but not during Christmas because all the other merchants would try to get that as well. Sports Therapy, 11729 Springfield Pike requested approval to house a student on the second floor of the building. This item was tabled by the applicant. The next item was the approval for a change in the building elevation at Davidís Bridal at Tri-County Commons. That was approved 7-0. Plan approval for Costco was the next item. The preliminary plan was approved 7-0 with a recommendation that Council approve the PUD change as well. The Northwest Boulevard extension and retention basin for Pictoria Island was approved 7-0.
BOARD OF ZONING APPEALS Ė Mrs. McNear reported that Dan DeHamer requested a variance for the partial conversion of a garage at 978 Navonna Court. The conversion had take place prior to the purchase of the property 10-15 years ago. We had some discussion on this and part of the variance was that Mr. DeHamer does have to apply for a permit so that we make sure everything is to code, and that was granted with that condition 4-0. Dan Fowler, 548 Cloverdale Avenue requested a variance to allow 24í of fencing on a corner lot. This project was started three years ago and part of the fence is a natural fence which is a hedge and he continued that on. That was granted 4-0. Oil Express requested approval for a sign in landscaping. No applicant was present and that was dropped. Bert Huffer, 808 Yorkhaven requested a variance to allow him to park a boat next to his existing driveway. Mr. Huffer withdrew the request until August. Springdale Chamber of Commerce requested the placement of a 18" by 24" sign at their Maple Knoll Outreach Center, 11199 Springfield Pike. This is a real estate size sign that they wanted to use for applicants and businesses who want to participate in the job fair. It will be held September 1 and we allowed them to use the sign until then. Vineyard Community Church, 11340 Century Circle, requested the placement of a sign at East Kemper Road at Century Circle. This would be an off-premise sign. This was also withdrawn until August when there is a full complement of members present. John Morrell & Co., 801 East Kemper Road, requested permission for the display of their "Now Hiring" banner. They have been using it for several weeks and have determined that 50% of their applicant flow does come from this banner. Their heavy hiring period is the summer months. We passed the variance for the sign through September 1.
BOARD OF HEALTH - no report
CIVIL SERVICE COMMISSION - no report
O-K-I - no report
MAYORíS REPORT - Mayor Webster said Iím sure all of you are very much aware that it has not been a good week in the City. We had our first homicide in ten years and our police and other agencies are hard at work trying to get to the bottom of that. Our sympathies go out to the family of Mr. Walker. Yesterday afternoon three families lost their homes in a fire at the Knolls Condominiums. I spoke briefly with all three families and they are well on their way to getting their lives back together. They were very complimentary of the Fire Department.
ADMINISTRATORíS REPORT Ė Mr. Osborn said you may recall that a few meetings ago we adopted a local version of Meaganís Law that the State of Ohio adopted in 1997. Under the state law whenever a person who has been adjudicated a sexual predator moves into a community, the individual has ten days to notify the sheriff once he/she takes up residence. Then the sheriff has ten days to notify the neighbors and local police authorities. We adopted a local ordinance to expand the notice under the Meaganís Law process to include all residences within two blocks of the residence of the adjudicated sexual predator. We had never had a notice from the state or county under this process until the first week of July and we had two. Let me read the notice we send out to residents.
"Dear Resident: The Ohio Revised Code, Chapter 2590, commonly known as Meaganís Law establishes procedures for the classification and registration of sexual predators and habitual sex offenders as a means of assuring the protection of the general public. The City of Springdale has determined that there exists a strong necessity to inform citizens of the community of the location of resident sexual predators or habitual sex offenders. This is not for the purpose of demeaning or punishing them, but for the purpose of providing factual data of public record so that the citizens of Springdale may take reasonable precautions to protect themselves and their children. The City of Springdale does not express any opinion on the individual listed on this note. The City of Springdale hopes that individuals who have served their time in the criminal justice system have been rehabilitated and will lead productive lives in the future." The two individuals were made known to us on July 8 by the County Sheriff. We sent correspondence to the appropriate neighborhoods on July 9. The first individual is Mr. Lloyd D. Fleming who now resides at 415 Grandin Avenue, Apartment A. We sent 241 notices to the residences on streets around that residence. The second individual is Mr. Harold S. Redepenny, living at 701 Cloverdale Avenue in Springdale. We sent 219 notices to the residences on the streets surrounding that property. I think that while this is something we donít like to see occur, I did want you to know that the process we put in place recently has already been put to use.
Mr. Galster said I happened to be on the internet atwww.hcso.org which is the County Sheriffís office and you can get an up-to-date listing of everybody who would fall into these categories by zip code. These are the two we had to notify for but there are a couple of others that had happened prior to our notification procedure.
LAW DIRECTORíS REPORT - no report
ENGINEERíS REPORT - no report
Mrs. McNear read a letter from Nathan Gordon, attorney at law, addressed to Mr. Knox. "In early 1998 we corresponded and discussed a Trex application for Cost Plus, Inc. at 11747 Springfield Pike in Springdale. As you may recall, I appeared before City Council in a rather lengthy discussion regarding liquor licenses. Council at that time was unwilling to write the requested letter but did not object to the transfer of the license. The license was issued and the premise has been open for about a year. I now have another client who is interested in Trexxing in an on-premise license for an Indian Restaurant in the same shopping center as Outback. Although he too would prefer to find one in Springdale, I have been unsuccessful so far in my attempts to do so. Iím therefore interested in City Councilís position regarding another Trex at this time since they expressed some strong feelings when I appeared before them.
Please contact me at your convenience to discuss this matter. Sincerely, Nathan Gordon"
RESOLUTION R20-1999 "CONGRATULATING NOLAN KAMERER"
Ms. Manis made a motion to adopt and Mr. Galster seconded.
Ms. Manis said Iíd like to personally congratulate Mr. Kamerer. This basically means that heís the best junior golfer in Cincinnati, playing against kids from all over the city, from the big country clubs. Nolan is playing out of General Electric and itís a big deal for Springdale and him also. Congratulations, Nolan.
Resolution R20-1999 passed with 6 affirmative votes. Mayor Webster presented the resolution to Nolan Kamerer.
Mayor Webster said the City gets prettier and prettier and prettier every year. For all of you in the audience to accept an award, congratulations and thank you for beautifying our City. For all those who didnít win an award and probably should have, I apologize but all I can say is that beauty is in the eye of the beholder. The City looks better and better every year, not just landscaping but also property maintenance. I think our Property Maintenance Code is paying some handsome dividends. We have some business awards as well as residential and I guess it would be tacky if I awarded the City of Springdale some awards. I think our Public Works and Parks Department staffs really deserve a round of applause and a pat on the back for the great work they have done at all the City facilities. Secondly, I would be remiss if I didnít thank my wife who helped me navigate around the City.
The winners are:
AREA 1 Beacon and Oxford Hills
Kenn Rd. (north of I-275)
1st Place - White Family of 677 Coxbury Circle
2nd Place Ė McQuiller Family of 700 Harcourt Dr.
3rd Place Ė Ransom Family of 918 Yorkhaven Rd.
Honorable Mention - Ernestine Posey of 12131 Greencastle Dr.
Jones Family of 905 Cedarhill Dr.
VonBargen Family of 909 Cedarhill Dr.
Lux Family of 792 Clearfield Lane
Gist Family of 798 Clearfield Lane
AREA 2 Springdale Lake Dr.
Ray Norrish Dr.
Glensprings Area (including the five cul-de-sacs)
1st Place - Sinks Family of 737 Glensprings Dr.
2nd Place Ė Compton Family of 11850 Fairsprings Ct.
3rd Place Ė Bassett Family of 11809 Ashmore Ct.
Honorable Mention - Veldhuis Family of 12025 Springdale Lake Dr.
Annie Greene of 667 Glensprings Dr.
Turner Family of 12065 Springdale Lake Dr.
AREA 3 Cloverdale Area, Smiley, Park, and Allen
West Kemper (west of Route 4) (north side)
Kenn Rd. (south of I-275)
S.R. 4 (north of Kemper)
1st Place - Harold Burkholder of 496 Cloverdale Ave.
2nd Place - Whitaker Family of 687 Cloverdale Ave.
3rd Place - Laage Family of 616 Cloverdale Ave.
Honorable Mention - Skirvin Family of 672 Cloverdale Ave.
Sowder Family of 450 Smiley Ave.
Reckner Family of 467 Cloverdale Ave.
Keith Perkins of 11739 Springfield Pike
AREA 4 Observatory Area, Grandin Area
West Kemper (south side)
1st Place - Lutts Family of 367 Plum St.
2nd Place Ė Clark Family of 562 Lafayette Ave.
3rd Place Ė Donald Lampl of 341 Church St.
Honorable Mention - Kathryn Crockett of 519 Lafayette Ave.
Cain Family of 595 Observatory Dr.
Deborah Miller of 587 Observatory Dr.
Brabbs Family of 583 Lafayette Ave.
Otis Poindexter of 563 Lafayette Ave.
AREA 5 Glenview Subdivision
Cameron Rd. Area
West Sharon Rd.
1st Place and Winner of the Fay Marion Howard Award
-Ketring Family of 403 Vista Glen
2nd Place Ė Swope Family of 486 Vista Glen
3rd Place Ė Smith Family of 10957 Fallstone Dr.
Honorable Mention - Pokrin Family of 347 Glensford Ct.
Warken Family of 361 Naylor Ct.
Laura Havlin & Cathy Doxsey of 391 Naylor Ct.
AREA 6 Springdale Terrace Subdivision
Royal Oaks Subdivision
W. Kemper (east of Route 4)
1st Place Ė Carr Family of 11704 Van Camp Ln.
2nd Place Ė Squires Family of 150 Ruskin Dr.
3rd Place Ė Boggs Family of 11814 Neuss Ave.
Honorable Mention - Rachel Bourne of 11825 Lawnview Ave.
Holmes Family of 11891 Lawnview Ave.
Frazier Family of 11816 Neuss Ave.
Shteiwi Family of 203 Harter Ave.
Woody Family of 163 Harter Ave.
AREA 7 Heritage Hill Subdivision
East Crescentville Rd.
1st Place Ė Snelling Family of 950 Ledro St.
2nd Place - Schmidt Family of 1003 Pilgrim Place
3rd Place Ė Ralph Paul of 865 Tivoli Ln.
Honorable Mention - Dixon Family of 815 Ledro St.
Farmer Family of 877 Tivoli Ln.
Lucille Cummins of 818 Ledro St.
Rokiski Family of 829 Cresentville Rd. E
Maple Knoll Village 11100 Springfield Pike
Delhi Flower and Garden 135 Northland Blvd.
Princeton Hill 30 Merchant St.
Springdale Family Medicine 212 W. Sharon Rd.
Dave and Busterís 11775 Commons Dr.
Avon 175 Progress Place
Presentation by Pam McDonald, Time Warner Cable Ė Roadrunner
Ms. McDonald said Roadrunner is Time Warnerís own on-line service. Here tonight is our marketing and technical support team of Lee Patterson and Dan Lyons. Iíd like to introduce Bob Walker, Director of Management Information Systems for the Time Warner Cincinnati Division.
Mr. Walker said Roadrunner is high speed data on line. Itís internet access at very high speeds. Itís $39.95 a month with a $99.95 installation charge. With that you get five user IDs, the cable modem, installation, 5 megs of home page space, two individual IP addresses so you can have multiple PCs accessing it at the same time.
Mr. Galster asked when is it available?
Mr. Walker replied we launched semi-officially yesterday. We have a list of 2500 people who have signed up for the early bird service.
Ms. Manis asked are there minimum system requirements?
Mr. Walker responded we are asking that if you are on an IBM PC base that it be a minimum of a Pentium 100 and the equivalent in a MAC Universe. The operating systems that we are recommending are Windows 95, Windows 98 and Windows NT.
Mrs. McNear asked if you subscribe to this service as well as cable, would you billed on the same bill or different invoices?
Mr. Walker replied right now it would be the same. We are working with our billing vendor to have them separate if you should want.
Mr. Galster said to let the public know a few of the advantages, most of you who are on the internet pay about $19 a month for local access through a local provider and many of you have put in a second line at a cost of $20. If you are a typical internet user you are getting the speed that Roadrunner provides for about the same price you are paying now.
Ms. Manis asked how does installation work?
Mr. Walker said they will come out to your house and see if you have an additional outlet available to hook it up. We donít want to hook it up to the same one you watch television on. We would prefer a dedicated cable drop so they will do that. A PC specialist will come out and if you need an ethernet card on your machine they will put that in, configure it, load the software and give you training on how to navigate through it, how to handle all of the account maintenance, how to create additional IDs, how to use e-mail, how to go to the news readers, etc.
Ms. Pollitt said when I saw this presentation at the ICRC meeting you discussed fees for people who want to keep their current internet carrier. Could you address that please?
Mr. Walker replied if you want to keep your present internet provider we can make special arrangements to do that.
Ms. Pollitt stated I had a piece of correspondence in my mail from John Myers, a Springdale resident. It was in regard to Time Warner cutting their prices in Lebanon to compete with the City services that were impending. He says cable operators have a monopoly and when presented with competition they can lower the prices. The winners are the residents of Lebanon. How can you validate lowering the prices in Lebanon when the City goes into competition, and are the other communities subsidizing the rates?
Ms. McDonald replied we feel we have competition from video providers such as satellite and other services. Our customers have many choices. It is our position that the City of Lebanon is basically subsidizing their cable service with their utilities as well as water and sewage services which their residents have actually paid more for after they have constructed this system. They are offering cable service at below market value at this point and quite honestly, we have made a major investment there and weíre fighting to keep our business alive up there.
Ms. Pollitt said I also have requests from two of our residents about Odyssey.
Ms. McDonald responded that is another issue. Odyssey is a service that Time Warner Cable here in Cincinnati offers as a filler for communities that donít have locally originated programming.
Presentation by Jeff Ashida - CostCo
Jeff Ashida, Real Estate Department of CostCo introduced Walter Kozinski of CostCo; Lori Wendling of North American Properties; Jack Pflum, traffic engineer from Pflum, Klausmeier & Gehrum; Doug Livingston, Mulhaney Partnership Architects and Mike Kudek, Civil Engineering Consultants. Iíd like to thank Council very much for the opportunity to introduce CostCo Wholesale to you.
Mr. Ashida said CostCo is a west based company and has warehouses on the west and east coasts. CostCo is a membership warehouse that sells wholesale items, similar to Samís and BJís. We are more of an upscale retailer. Our average sales per unit is approximately $88 million a year. Weíre very excited about being in Springdale. The site is currently occupied by 19 residences and one parcel owned by Target. Our standard size warehouse is approximately 155,000 square feet. This one will be the largest one in the Cincinnati area. We have a members only self-service gas station.
Mr. Ashida showed drawings of the site, showing parking, landscaping, truck traffic, detention, signage, etc. The building will be a concrete block building. The signage on the building is painted signage. We have shown signage on three faces of the building as well as above the entry. Because we are new in the area we feel we need the visibility.
Ms. Pollitt asked how many employees would you have and how do you get your membership?
Mr. Ashida replied there would be around 200 employees and membership is basically word of mouth marketing. We do have association requirements such as being associated with credit unions and various organizations. Itís pretty easy to get a membership.
Ms. Pollitt asked what would you expect to be the average number of daily customers.
Mr. Kozinski replied itís not uncommon to have 1,500 members in a store in a 24 hour period in a mature market.
Mr. Wilson asked do you have other locations in the metropolitan area?
Mr. Ashida replied they are looking at a place in Deerfield Township which may actually open first but this one will be bigger.
Mr. Wilson asked will you have diesel fuel at the gas station?
Mr. Ashida replied no. They would have grades 87 and 92.
Mr. Danbury asked if there are any outstanding issues on the properties owned by the residents?
Mr. Ashida replied no. We have to be able to close on the deal by the end of September. Weíve worked out our approval process with Cecil and the Administration to meet that.
In response to Mr. Danbury, Mr. Ashida stated that the hours of operation are 10:00 a.m. to 8:00 p.m. weekdays and 11:00 a.m. to 7:00 p.m. on the weekends. We have a 10:00 a.m. opening for business; then open to all members at 11:00.
Mr. Danbury said you have two left turn lanes. Over the years we have expanded Kemper Road a lot. If we were to expand it twenty years from now would it affect the parking capacity?
Mr. Osborn stated I canít speak for twenty years from now but we did a corridor analysis in 1997 on this corridor and we identified certain improvements. The Century intersection was a location where we identified the need for additional lane capacity. We have a concept plan for that intersection. The improvements that are being made by CostCo fill out those improvements on the north side of the road. We are going to come back in 2002 and do additional lane improvements, affecting more of the south side of the road. Between Target and CostCo all of the right-of-way and improvements we are aware of are being implemented by this project and the previous Target project. We do have a southbound to westbound right turn off of Century which we concluded would be best not to build at this time because it was not clear that there would be a cost effective benefit from it. In 2002 we may add an additional right turn lane only southbound from Century to Kemper. We didnít want to impose that on the developer at this time because we have already asked them to do some major improvements. We are going to have seven lanes at the throat of the intersection.
Mr. Danbury asked is this the best they can do for landscaping?
Mr. Ashida said in terms of what we have shown, we are contemplating having more landscaping against the building to soften that edge. I believe the current landscaping exceeds the City requirements.
Mayor Webster said I would like you to consider anyone who has an Ohio driverís license and lives in Springdale for membership.
Mr. Osborn said this is the preliminary development phase of this project. A great deal of detail has gone into the planning so far. Some of the detail goes beyond what would initially be a preliminary development plan. This is being done because of the very fast pace under which this project is being pursued. Typically in a PUD the threshold issue comes down to land use and zoning, but as you know this is unique as we had already worked through those issues as part of the Target project analysis. Here weíre looking more at a detail plan and how the property is being used for retail purpose under a PUD and looking at aesthetics, traffic volume, etc. After August 18, if Council should pass the ordinances, this project would come back to Planning Commission in September for detailed plan review. At that point weíll have to have all of these items worked out. For purposes of this level of approval they can still be open ended. We do feel there will probably be more caliper inches required for tree replacement than theyíll be able to accommodate on the site. We will give the developer the option of making a contribution to the Cityís Urban Forestry Program. We use that money to maintain and plant trees throughout the City. I canít impress upon you too strongly how quickly this project has been moving and the level of detail it takes to even get to this point. There are still issues relating to sanitary sewers that just canít be addressed yet because the details arenít there. Those will have to be resolved by the time we get to the September Planning Commission meeting. We would like to see McClellans Lane abandoned and the right-of-way revert to the adjacent properties, the developer of this site and the church property. However, we were wondering if it might not be necessary to retain some sort of easement over what is now McClellans Lane for the sanitary sewer. If that proves not be an issue, then easments of that street are not critical and we can do the vacation that we have anticipated. There has not been a great deal of detail put into signage. However, I think you can see from the elevations that they are not overpowering us with signs. The signs are painted signs and there will be no pole sign out front on Kemper Road. There have been specific commitments in terms of commitment to the infrastructure. Mr. Pflumís firm will have to get into more detail and tell us how much stacking we need, etc. but beyond that we feel that this project has moved along very rapidly and Iíd like to return the compliment to Mr. Ashida and his team. This has been a very compact and intense effort on both sides and this has been a real pleasure for us because of the very professional nature of the team CostCo has put together. Jack Pflum was not here two or three months ago when I had an opportunity to talk about what a great professional I think you are because of some previous work you have been involved in. We believe the level of detail we have seen to this point would justify development preliminary plan approval.
Mrs. McNear said if this project is approved and you complete the contracts with the residents, when would they have to move out?
Ms. Wendling said the contracts read that we give the residents notice that we are going to close, then there is a period of 90-120 days in which they can look for a new home and then we close after that period.
Ms. Manis said the two entrances into the site off of Century now line up with Target. The people coming out of the first entrance will cross five lanes of traffic to turn right onto Kemper. Do we know that we will have that many lanes the whole length there or are some of those stacking lanes?
Mr. Shuler replied it will certainly depend on the time of day and day of week, but we do anticipate that in peak traffic periods, traffic will be backed up to that point waiting for that signal. You may remember that conversation with the Target development when we encouraged them to move that driveway as far north as possible to avoid that conflict. They did move it some but we could have traffic backed up to that point at some times.
Mr. Osborn said once people learn the layout there will be other ways of making turns out of there. The most convenient would be to come straight up to Kemper Road at what is now McClellans Lane and that will be a right in, right out only entrance. An alternative is the second driveway that is further back from the Kemper Road intersection. If all else fails they can make a right on Century and go around to Commons Drive and you have an opportunity to make another right at that location.
Ms. Manis asked if the retaining walls are around the entire site. Mr. Ashida said they will basically be along the east side with some on the west side. We are trying to get adjacent property agreements on the west side so we can do a slope.
Mr. Danbury said we have a first reading of two ordinances tonight. The public hearing will be held August 18, 1999.
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE NO. 39-1999 "AMENDING THE ZONING CODE AND ZONING MAP OF THE CITY OF SPRINGDALE, OHIO TO PROVIDE FOR THE REZONING OF APPROXIMATELY 12.403 ACRES LOCATED ON MCCLELLANS LANE FROM R1-A (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) (COSTCO)
ORDINANCE NO. 40-1999 "APPROVING THE PRELIMINARY DEVELOPMENT PLAN (PUD) OF APPROXIMATELY 16.447 ACRES LOCATED AT EAST KEMPER ROAD AT COMMONS DRIVE (COSTCO)"
ORDINANCE NO. 41-1999 "REPEALING ORDINANCE NO. 51-1995 AND AUTHORIZING THE CONVEYANCE OF SEWER RIGHT-OF-WAY TO THE METROPOLITAN SEWER DISTRICT TO IMPROVE CITY OF SPRINGDALE SEWER SERVICES AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Ms. Pollitt seconded.
Mr. Osborn said this is a very critical item for the City. In 1995 we initially adopted legislation donating right-of-way to MSD for this same project. However, because of the review process through the Ohio Environmental Protection Agency there had to be some slight alignment of the sewer. Contract Number 1 started at the Evendale border and went up to I-275 following the Mill Creek. Contract Number 2 goes under I-275, turns west, crosses under I-75, comes up through Heritage Hill along the creek line through Chamberlain Park and GE Park and towards Tri-County Mall, then under S.R. 747 and ends at Princeton Bowl. Contract 3 would follow the sewer line into Forest Park. Project Number 1 has been built. We were hoping to have this project under construction by now but because of the EPA modifications, MSD has had renegotiate right-of-way with 17-18 property holders, most of them commercial with complex corporate structures. I encourage Council to adopt this this evening and we would immediately have it executed and returned to MSD so we can keep this project moving.
Mayor Webster said Mr. Osborn, I appreciate your report but I think itís somewhat comical that we need to do this quickly and keep it moving. The rate that these guys move makes a snail look like a roadrunner. Council adopted this four years ago and they are just now getting around to renegotiating the right-of-way. Iím sure when this issue hit Councilís floor in 1995 we probably needed to get it done right away also.
Mr. Osborn said but we try to set an example for the other agencies involved here by showing how much priority we do give it. There are some people like Commissioner Dowlin, who has been a champion of this project and has helped us fight the bureaucracy. The biggest bottleneck has been that MSD cannot acquire its own right-of-way, nor can the local jurisdiction acquire the right-of-way for MSD. The right-of-way has to be acquired through the City of Cincinnatiís solicitorís office. Of course, they have other priorities and as the Mayor indicates, this doesnít move quite as quickly as it should. I think what has complicated this is the change of position of OEPA. MSD had a plan laid out that had conceptual approval from EPA and they did their detail plans, and EPA said no, we changed our minds. MSD has shown a good faith effort and certainly Commissioner Dowlin has.
Ms. Manis asked does this bother the underpass? Mr. Osborn replied no, this sewer will go southwest of the underpass. The portion for the area under Princeton Plaza or Princeton Bowl has already been constructed.
Mr. Danbury said we were talking about this ten years ago. Any idea when it might be completed?
Mr. Osborn said the idea is to get this idea sold and under construction this year. The money is appropriated. The County Commissioners are ready to spend the bucks. Itís just a matter of getting all the permits. The permit to install still has to be acquired from EPA and thatís in process. MSD has satisfied their concerns. We probably started on this process in 1986. The major impetus to us is that we were put under a moratorium because of a lack of capacity in this trunk sewer. Through the help of Commissioner Dowlin we were able to work out a compromise with the EPA and the County to allow development to continue through credits for other types of sanitary improvements that were done locally such as slip lining the sewers in the Rose Lane area or the elimination of the discharge from the Kroger Candy Plant.
Ordinance 41-1999 passed with 6 affirmative votes.
Mrs. McNear alluded to a letter from Mr. Nathan Gordon with a request for the Taj Mahal to get a liquor license from outside the City. The letter says they are asking for an on-premise liquor license but it doesnít say what kind.
Ms. Manis said they are in Pattie Shackís old place. I wonder if they tried to get their license.
Ms. Pollitt asked do we know how many on-premise licenses we have in Springdale? I have problem with transferring licenses in. The state has issued something Iím not real happy about in being able to transfer licenses from one area to another when the original intent was that liquor licenses would be based on per capita of the area. I would oppose this until I find out how many licenses we have for on-premise licenses.
Mr. Wilson said if they obtain a license from somewhere else in the state there isnít much we can do about it other than voice our concern or objection as weíve done in the past. There has to be some kind of control of how many liquor licenses are allowed in Springdale. Weíve been getting a whole bunch lately from other areas of the state.
Mr. Osborn said Iím an advocate of this vehicle for acquiring liquor licenses. Ms. Pollitt, you are right that itís typically based on population, but letís look at two cities that have similar populations, Wyoming, Ohio and Springdale, Ohio. I donít think anybody could reasonably say that itís probably right for Wyoming and Springdale to have the same number of liquor licenses. We are totally different types of communities. We have different types of land use, economy, public access, etc. so I think this economic development tool for reassigning liquor licenses to areas that have higher business activity is probably appropriate. I also want to think itís our discretion and we can use it judiciously. I donít think we should use it for every applicant who comes through the door. I think then we have forfeited our ability to make decisions on what is appropriate and not appropriate. Weíve had two that have been approved so far in Springdale. Snookers and Cost Plus. I think the thing that helped Cost Plus was the unique nature of how they were using the permit. I would defend the process but I wouldnít necessarily say it is appropriate for us to do this for an operation the size of the one in question here. We have to look at how many people they are going to employ, what additional types of services do they bring to the community that we canít find already in the community. I would encourage Council to evaluate each applicant individually.
Mayor Webster said I agree with almost everything you said, Mr. Osborn, but I think this is just like a liquor license renewal. If Council decides to write a letter, they will get it sooner. If you elect not to write the letter it will take them thirty days longer to get the permit. I donít think we, as elected local officials, have anything to say. I donít think we can stop anybody from bringing in a license from out of town. I think they were wrong in passing it in the light that they did. They should have allowed local officials to have some control over it. I think there are some good reasons and maybe some businesses would come into town that none of us would oppose, such as a convention hall or something we donít have, but right now we have no discretion. I think weíre going to get hit with a lot more going down the pike. Weíve got four places going into Pictoria Island.
Ms. Pollitt said Mr. Osborn, you made some very good points. I can see your side of the issue and will defer to your side of the issue. I do realize that we have a lot of visitors in our area every day who are eating here. Thatís a very good point when you say weíre a retail area. The validity of basing it on population may not be accurate but I do question the stateís ability to just allow anyone to transfer a license in whenever they want.
Mr. Wilson said I donít have a problem with looking at businesses on an individual basis but I do have a concern that the City has almost no voice in what goes on. We could have a store on every corner with a liquor license and there is nothing we could do about it.
Mr. Osborn said I know we have to be subordinate to the State of Ohio in terms of liquor permits but I think we do have the right to express our position. I agree with the Mayor that we have been dealt a weak hand in terms of liquor laws. I do think if we show a distinction in what we think is appropriate and what is not, and reject those we think are not appropriate, we have a better case for arguing our case with the State of Ohio if we do go into a position where we are adversarial.
Mr. Galster stated the only way the City can control the number of liquor licenses is through zoning. Now when we are looking at any zoning change in the City we are taking it from residential to general business and youíre opening yourself up to those type businesses that may need the licenses and you may see more of them.
Ms. Manis said there are restrictions at how close they can be to churches, schools, etc.
Mr. Danbury said with the DUI laws the way they are I think most people are using more prudence when they go out. I personally wouldnít want to make any type of determination until I find out more about what kind of license it is.
Mayor Webster asked why donít we contact them and ask them to come to Council and explain what kind of operation they have and why they didnít get the Pattie Shack license.
Mrs. McNear asked can we draft a resolution to the state expressing our displeasure about how this law came about? I think we should do it.
Mr. Danbury said I will contact Mr. Gordon and also try to find out how many liquor licenses we have.
Mr. Danbury said the 1999 Congress of Cities & Exposition is going to be held November 30 Ė December 4 in Los Angeles.
Mayor Webster said the picnic tables are in at Ross Park and the benches are on order. The annual garage sale will be held August 14. The Recycle Days will be held at the Public Works Complex, 335 Northland Boulevard on August 12 and 13, 8 a.m. to 3 p.m. The following items will be accepted for recycling: aluminum and bi-metal cans, colored and clear glass, corrugated boxes, newspaper, plastic bottles, paint, tires, crank case oil, lube oil, oil filters, antifreeze, vehicle batteries, automotive oil, automatic transmission oil and diesel fuel. Paint should be marked with the color of paint. Oil should be in 1-5 gallon containers; newspapers and corrugated boxes should be tied in bundles. On August 27 and 28 from 8 a.m. to 3 p.m. the usable paint brought in will be available to the public on a first come, first serve basis at the Public Works complex.
Mr. Danbury said we do a lot of different things and I want to compliment our Parks and Recreation crew. The exit as you come off the interstate on Rt. 4 is beautiful with the red and white flowers. Since we started the Christmas decorations awards and then landscaping awards it just took off. A lot of people put a lot of time into it and thereís a lot of pride out there. It brings up the image and attitude of everyone in the City. I want to compliment the Garden Club for their efforts. We have people who have won landscaping awards every year. Itís big time competition.
Ms. Manis said I stopped at the Fire Department just before the meeting and told Captain Sutton how nice the wall looks. Mike Wheeler did it and did an excellent job.
Ms. Manis said Kelly had nice articles in the paper about the rededication of Underwood Park. It was neat to hear about Mrs. Underwood.
Mayor Webster said Public Works did most of the work around the City and Mike Wheeler is the man who is driving that process. Heís done a wonderful job with that. The Parks Department has done a lot of work also.
Mayor Webster said we have been notified by the Board of Elections that for the presidential election in 2000, there is a federal mandate that precinct lines have to run along the census tracks so the Board of Elections is now faced with observing our district council lines, then overlaying that with the census tracks. The precinct lines have to stay within district and census tracks. We have 13 or 14 precincts now and we could have 20 or more. We desperately need to take a look at the way we draw our district lines. The Charter has never been changed in that regard and I think that issue should be looked at by the Charter Revision Commission. The wording in the Charter is very restrictive on when Council can even look at redrawing those lines. It has to be in the year of district Council elections. It has to be done in May and it can only be done if there are certain deviations between the smallest and largest districts. I think there has to be a better way to do that. I would like to suggest that Council refer that entire redistricting issue to Charter Revision and have them look it over, make recommendations and try to get something on the ballot for the March 7, 2000 primary.
Mr. Danbury said our districts are currently done by the number of voters at the previous election instead of the census. I think thatís a good idea.
MEETINGS AND ANNOUNCEMENTS
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinances 39 & 40 (COSTCO) - August 18
RECAP OF LEGISLATIVE ITEMS REQUESTED - none
Council adjourned at 9:15 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Randy Danbury, President of Council